sixty days after the date of the approval of this act to receive and consider applications for enrollment of infant children born prior to September twenty-fifth, nineteen hundred and two, and who were living on said date, to citizens by blood of the Choctaw and Chickasaw tribes of Indians whose enrollment has been approved by the Secretary of the Interior prior to the date of the approval of this act; and to enroll and make allotments to such children.1 13

§ 357. Closing rolls-Choctaws and Chickasaws.-That the Commission to the Five Civilized Tribes is authorized for sixty days after the date of the approval of this act to receive and consider applications for enrollments of children born subsequent to September twenty-fifth, nineteen hundred and two, and prior to March fourth, nineteen hundred and five, and who were living on said latter date, to citizens by blood of the Choctaw and Chickasaw tribes of Indians whose enrollment has been approved by the Secretary of the Interior prior to the date of the approval of this act; and to enroll and make allotments to such children.114

§ 358. Closing rolls-Creeks.-That the Commission to the Five Civilized Tribes is authorized for sixty days after the date of the approval of this act to receive and consider applications for enrollments of children born subsequent to May twenty-fifth, nineteen hundred and one, and prior to March fourth, nineteen hundred and five, and living on said latter date, to citizens of the Creek tribe of Indians whose enrollment has been approved by the Secretary of the Interior prior to the date of the approval of this act; and to enroll and make allotments to such children.15

§ 359. Closing rolls--Seminoles.-That the Commission to the Five Civilized Tribes is authorized for ninety days after date of the approval of this act to receive and consider

13 From Act March 3, 1905, c. 1479, 33 Stat. 1071. 14 From Act March 3, 1905, c. 1479, 33 Stat. 1071. 15 From Act March 3, 1905, c. 1479, 33 Stat. 1071.

applications for enrollment of infant children born prior to March fourth, nineteen hundred and five, and living on said latter date, to citizens of the Seminole Tribe whose enrollment has been approved by the Secretary of the Interior; and to enroll and make allotments to such children giving to each an equal number of acres of land, and such. children shall also share equally with other citizens of the Seminole Tribe in the distribution of all other tribal property and funds.18

§ 360. Tribal rolls to be prepared.-That the Secretary of the Interior shall upon completion of the approved rolls, have prepared and printed in a permanent record book such rolls of the Five Civilized Tribes and that one copy of such record book shall be deposited in the office of the recorder in each of the recording districts for public inspection. That any person who shall copy any roll of citizenship of the Creek, Cherokee, Choctaw, Chickasaw or Seminole Tribes of Indians, prepared by or under the direction of the Secretary of the Interior, the Commission to the Five Civilized Tribes or the Commissioner to the Five Civilized Tribes, whether completed or not, or any person who shall, directly or indirectly, exhibit, sell, offer to sell, give away, offer to give away, or in any manner or by any means offer to dispose of, or who shall have in his possession, any such roll or rolls, any copy of the same, or a copy of any portion thereof, shall be deemed guilty of a misdemeanor, and be punished by imprisonment for not exceeding two years: Provided, that this act shall not apply to any persons authorized by the Secretary of the Interior, the Commissioner of Indian Affairs, or the Commissioner to the Five Civilized Tribes to copy, exhibit, or use such rolls, or a copy thereof, for any purpose necessary or required by law.17

§ 361. Closing rolls.-That section two of the act entitled "An act to provide for the final disposition of the

16 From Act March 3, 1905, c. 1479, 33 Stat. 1071. 17 From Act June 21, 1906, c. 3504, 34 Stat. 340.

affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes," approved April twenty-sixth, nineteen hundred and six, be, and the same is hereby amended by striking out thereof the words: "Provided further, that nothing herein shall be construed so as to hereafter permit any person to file an application for enrollment in any tribe where the date for filing applications has been fixed by agreement between said tribe and the United States: Provided further, that nothing herein shall apply to the intermarried whites in the Cherokee Nations whose cases are now pending in the Supreme Court of the United States." And insert in said act in lieu of the matter repealed, the following: "Provided further, that nothing herein shall be construed so as hereafter to permit any person to file an application for enrollment or to be entitled to enrollment in any of said tribes, except for minors, the children of Indians by blood, or of freedmen members of the said tribes, or for Mississippi Choctaws identified under the fourteenth article of the treaty of eighteen hundred and thirty, as herein otherwise provided, and the fact that the name of a person appears on the tribal roll of any of said tribes shall not be construed to be an application for enrollment." 18

18 From Act June 21, 1906, c. 3504, 34 Stat. 341, 342.

BLED.IND.(2D ED.)—25

CHAPTER 38

ALIENATION, DESCENT AND JURISDICTION-MISCELLANEOUS LEGISLATION AFFECTING

§ 362. Complete Jurisdiction conferred upon United States courts. 363. Restrictions on alienation removed for townsite purposes. 364. Alienation-Removal of restrictions.

365. Arkansas Law extended to persons and estates of Indians and freedmen.

366. Removal of restrictions for townsite purposes.

§ 362. Complete jurisdiction conferred upon United States courts.-That on and after January first, eighteen hundred and ninety-eight, the United States courts in said territory shall have original and exclusive jurisdiction and authority to try and determine all civil causes in law and equity thereafter instituted and all criminal causes for the punishment of any offense committed after January first, eighteen hundred and ninety-eight, by any person in said Territory, and the United States commissioners in said territory shall have and exercise the powers and jurisdiction already conferred upon them by existing laws of the United States as respects all persons and property in said territory; and the laws of the United States and the state of Arkansas in force in the territory shall apply to all persons therein, irrespective of race, said courts exercising jurisdiction thereof as now conferred upon them in the trial of like causes; and any citizen of any one of said tribes otherwise qualified who can speak and understand the English language may serve as a juror in any of said courts.1

§ 363. Restrictions upon alienation removed for townsite purposes. And provided further, that nothing herein contained shall prevent the survey and platting, at their

1 From Act June 7, 1897, c. 3, 30 Stat. 83. See In re Davis' Estate, 32 Okl. 209, 122 Pac. 547; Armstrong v. Wood (C. C.) 195 Fed. 137; Hayes v. Barringer, 7 Ind. T. 697, 104 S. W. 937; Id., 168 Fed. 221, 93 C. C. A. 507.

own expense, of townsites by private parties where stations are located along the lines of railroads, nor the unrestricted alienation of lands for such purposes, when rec ommended by the Commission to the Five Civilized Tribes and approved by the Secretary of the Interior. That hereafter the Secretary of the Interior may, whenever the chief executive of the Choctaw or Chickasaw nations fails or refuses to appoint a townsite commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the townsite commissioner appointed by the chief executive of the Choctaw or Chickasaw nations to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created.2

364. Alienation-Removal of restrictions.-And all the restrictions upon the alienation of lands of all allottees of either of the Five Civilized Tribes of Indians who are not of Indian blood, except minors, are, except as to homesteads, hereby removed, and all restrictions upon the alienation of all other allottees of said tribes, except minors, and except as to homesteads, may, with the approval of the Secretary of the Interior, be removed under such rules and regulations as the Secretary of the Interior may prescribe, upon application to the United States Indian agent at the Union Agency in charge of the Five Civilized Tribes, if said agent is satisfied upon a full investigation of each individual case that such removal of restrictions is for the best interests of said allottee. The finding of the United States Indian agent and the approval of the Secretary of the Interior shall be in writing and shall be recorded in the same manner as patents for lands are recorded.3

2 From Act March 3, 1903, c. 994, 32 Stat. 996.

See Godfrey v.

3 From Act April 21, 1904, c. 1402, 33 Stat. 204. Iowa Land & Trust Co., 21 Okl. 293, 95 Pac. 792; Landrum v. Graham, 22 Okl. 458, 98 Pac. 432; Eldrid v. Okmulgee Loan & Trust Co., 22 Okl. 742, 98 Pac. 929; Sharp v. Lancaster, 23 Okl. 349, 100 Pac. 578; Blakemore v. Johnson, 24 Okl. 544, 103 Pac. 554; Simmons v. Whittington, 27 Okl. 356, 112 Pac. 1018; Harris v. Lynde-Bowman-Darby Co., 29 Okl. 362, 116 Pac. 808; Williams v.